The Conservation Commission held a meeting in the Basement Mural Room of Town Hall on Tuesday, October 8, 2002 beginning at 7:30 p.m. Members present were Chairman Friend Weiler, Samuel Butcher, Brendan Halligan, Anne Hill, Mark Mahoney, Arthur Vautrain, and Joseph Grady, Conservation Administrator. Thomas Gill was absent.
PH, TOWN OF DUXBURY DPW, WATERMAIN REPLACEMENT, SE 18-1164
Representing the applicant were Brian Giovanomi and Ryan Train from Amory Engineering Co. Mr. Giovanomi explained the project, which was a continuation of the replacement of water pipes program. He indicated that the catch basins near wetlands would be protected with siltation fence. All the work will be in the right-of-way of the roads. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The motion passed unanimously.
PH/PM, MURPHY, CONGRESS ST., DELINEATION
Representing the applicant was Mark Casey from South Shore Survey Consultants, Inc. The applicant filed an Abbreviated Notice of Resource Area Delineation (ANRAD) under the Massachusetts Wetlands Protection Act and a Request for Determination under the Town Bylaw. The public hearing and public meeting were held simultaneously. Mr. Grady gave a history of the property and reported that during a recent site visit he noticed that several of the wetland flags were missing. He asked to meet the applicant's consultant, Norman Hayes on the site to review the delineation. Several abutters commented the site is very wet. Mr. Mahoney made a motion that was seconded to continue this hearing to November 19,2002 at 7:40 p.m. The motion passed unanimously.
PH, ACCESS REALTY TRUST, 0 PLUMFIELD LN., SE 18-1165
Representing the applicant was Shawn Dahlen. The proposed project is maintenance of a grass walkway and seasonal float and gangway off a stationary barge. Mr. Dahlen indicated he had received a Chapter 91, section 10 permit from the Harbormaster for the last three years for the float and gangway. Mr. Grady reported on a new policy that required floats connected to the land to also obtain a permit from the Conservation Commission. Mr. Weiler commented that the size of the float (12' x 24') exceeds the dimensions (10' x 20') permitted under the Commission's regulations. Mr. Dahlen responded it was an existing float. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The vote was 4 in favor and 2 opposed (Vautrain & Mahoney) so the motion passed.
PM, TOWN OF DUXBURY HARBORMASTER, WASHINGTON ST., FLOAT
Don Beers, Harbormaster filed the application for maintenance of the existing multipurpose float and gangway. He noted the existing float is 16' x 20', but when it is replaced the float size would conform to the regulations. Mr. Mahoney made a motion that was seconded to issue a negative determination that a Notice of Intent is not required. The motion passed unanimously.
PH, MACQUEEN, 82 GURNET RD., SE 18-1166, S. F. DWELLING
Representing the applicant was Shawn Dahlen. The proposed project is demolition of the existing dwelling and garage and construction of a new single family dwelling with an addition on a barrier beach and land subject to flooding. The proposed structure will be on a pile foundation in the exact footprint of the existing two structures. The closest point of the structure to the wetlands is 22 feet. Mr. Mahoney commented that usually when there is a demolition the Commission requests the applicant to move the structure farther from the wetlands. Mr. Dahlen responded that zoning regulations require the new structure to be constructed within the existing footprint since it is a non-conforming lot. Mr. Mahoney made a motion that was seconded to write the Orders of Conditions. The vote was 5 in favor and
one opposed (Mahoney) so the motion passed.
CONT'D. PH, DEER HUNTING ON CONSERVATION LAND
Mr. Weiler presented the Commission's proposal to allow deer hunting by bow and arrow on 4 parcels of conservation land. Mr. Grady explained the reasons why the 4 particular parcels were selected, primarily because of accessibility and the large size of each parcel. Each Commissioner expressed his/her reasons for support of the proposal. Several residents expressed their concerns about safety. It was suggested that the Commission contact the schools in order that students and their families can be notified of the regulations. Mr. Weiler noted that the Commission is only voting on permitting hunting this year and that the proposal would be evaluated annually. Mr. Grady reported it is necessary to remove the sunrise - sunset restriction on access to conservation lands for authorized hunting activities. Mr.
Weiler commented that the proposal is dealing only with deer hunting and not coyote hunting. Mr. Mahoney asked if the police and animal control officer could track the number and location of deer/car accidents. Mr. Mahoney made a motion that was seconded to approve the proposed deer hunting regulations on the specified parcels as amended to include removal of sunrise-sunset restriction, tracking mechanism, regulations to be voted on an annual basis and to contact the School Department about the regulations. The motion passed unanimously.
DUXBURY BEACH RESERVATION, INC. - EXTENSION PERMITS, SE 18-860, SE 18-861, & SE 18-862
Representing the applicant were Shawn Dahlen, Daniel Baker, Kay Foster, Margaret Kearney, Jim O'Connell, and Don Beers, Harbormaster. The Commission discussed the request by the applicant to extend the Orders of Conditions for 3 years. Discussion centered on whether to require a new Notice of Intent and the ramifications to the maintenance and operation of Duxbury Beach if a new Notice of Intent was filed. The applicant's representatives voiced concern about opening up the Orders to an appeal. The Commission was to seek legal opinion from Town Counsel regarding due process and appeals and if the Town of Duxbury could be added as a second party to the Orders of Conditions. No decision was made and the Commission unanimously voted to continue the discussion to October 22, 2002 at 8:40 p.m.
ADMINISTRATIVE MATTERS
A motion was made and seconded to issue a Certificate of Compliance for SE 18-1048. The motion passed unanimously.
A motion was made and seconded to issue a Certificate of Compliance for SE 18-996. The motion passed unanimously.
The Commission postponed action on the Request for a Certificate of Compliance for SE 18-915 (121 Abrams Hill) since the applicant needs to recalculate the coverage ratio to include the deck.
A motion was made and seconded to issue a Certificate of Compliance for SE 18-1093 pending receipt of an accurate as-built plan that included the deck. The motion passed unanimously.
A motion was made and seconded to approve the minutes of the meeting on April 9, 2002 as written. The motion passed unanimously.
A motion was made and seconded to approve the minutes of the meeting on April 23, 2002 as amended. The motion passed unanimously.
A motion was made and seconded to approve the minutes of the meeting on May 7, 2002 as amended. The motion passed unanimously.
A motion was made and seconded to spend up to $300 from the Conservation Fund for overtime for two DPW workers to assist with the cleanup of the Swanson field. The motion passed unanimously.
The Commission discussed the budget request for the Conservation Fund.
Meeting adjourned at 11:15 p.m.
| 
